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1.According to the relevant regulations of our country, the production of food that does not meet food safety standards or the sale of food that we know does not meet food safety standards can be requested by consumers.
2.Consumers can demand compensation from producers and sellers up to ten times the price.
3.If the consumer uses an expired product, he or she can claim ten times the amount of compensation. If the consumer does not eat it and return it directly, the merchant can request the merchant to refund the full amount.
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You should be looking for a merchant, that is, you can find this packaging, this big, and then look at the time, if it is indeed expired, then you can take this packaging bag to find the merchant, and the merchant should give you a refund.
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Expired food, after eating it, you will have diarrhea and diarrhea at most, these can be relieved and solved with medicine, it doesn't matter, don't be too nervous.
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I'm 3Month 15 around 11 o'clock in the morning bought two bags of yogurt home, but did not expect that it has expired for a week, my sister and we each have a bag of 6 o'clock to eat at 9 o'clock over 10 o'clock, suddenly stomach pain and want to vomit before I reacted to eat the wrong thing I thought, only to go to see the yogurt date, only to find that it was expired, I went down to find the supermarket owner, the boss did not admit it at that time, we came back to call 12315, in the morning when we went downstairs to the hospital, it seemed that we hit ** merchants to find the supermarket, That's admitted, on the 16th, I thought it would be good to prescribe some medicine, but the result was still not good, and the second went to 519 Hospital, and the doctor prescribed some medicine, and it was still not good, it was really painful yesterday, and I went to the clinic for two hours to lose fluid, and the fluid was swollen and painful much better, and today I was much better on the 5th day, and I didn't go out to rest at home today, and I went to prescribe some medicine in the afternoon, which was really difficult.
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Expired food was bought, and it was already in the stomach. Then you won't get compensation for the best, pay attention in the future, look at the expiration date, and don't buy expired things.
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Generally speaking, if the expired food has not spoiled, even if it is eaten, the harm to the body is not very great. If it has been spoiled and eaten, the harm to the body is relatively great, depending on what food you eat, how long it has expired, and whether it has deteriorated.
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What should I do if I buy expired food and eat it? First of all, if you don't have a bad stomach, if you don't have a bad stomach, there is no harm to your health, then it doesn't matter.
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If you feel uncomfortable, you can go to the hospital to see a doctor in time, otherwise it means that you have no problem, so observe your body changes.
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If you buy expired food and eat it, I think it will be very unpleasant, after all, expired food is not very good, I am afraid of bad stomach.
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Expired food depends on the specific situation, some food expired does not mean spoilage, such as canned meat, if the actual shelf life of refrigeration far exceeds the shelf life indicated in the product, some ready-to-eat products such as bread expired may eat bad stomach.
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If you buy expired food to eat, there may be some because the expiration time is relatively long, which leads to mold and other problems, and then it will make you vomit and diarrhea.
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Eating expired food will damage your health, and eating expired food will lead to gastrointestinal disorders or acute gastroenteritis and other diseases, and in severe cases, it will lead to food poisoning.
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I used to see a news, someone went to the supermarket, looking for those food that is close to expiration, and then hid the food that is about to expire, so that it is difficult for the shelf staff to find these food, and after the expiration, this person will go to the supermarket, buy the expired food, and then communicate with the merchant, ask for compensation, and reportedly make a lot of money, but in the end the supermarket monitoring found that this person was a habitual offender, and the police were taken away.
If the taste is strange, it is very likely that the microorganisms exceed the standard, and the most likely is that the total number of colonies exceeds the specified value.
Back to what to do, complain directly, everyone is responsible for food safety, and it is not legal to sell expired food, if you sell more than your pack, or have sold many packs, or are a habitual offender. Many people find it troublesome, but it's really not troublesome, the main thing is that your evidence is kept, which is not there, then don't say it, the merchant will directly deny that he didn't buy it from him, or bought it before it expired.
If you buy expired food, you can claim at least 1,000 yuan.
In accordance with the provisions of the Food Safety Law of the People's Republic of China, for food and food additives marked with false production dates, shelf life or beyond the shelf life, consumers can not only claim compensation for losses, but also demand compensation of 10 times the price or 3 times the loss from the producer or operator; If the amount of increased compensation is less than 1,000 yuan, it shall be calculated as 1,000 yuan. For example, if you buy 20 kilograms of fragrant rice for 54 yuan, you find that the product is expired. You can ask the mall to refund the purchase price of 54 yuan and pay compensation of 1,000 yuan.
But the premise is that you should keep the receipts, shopping receipts, credit card slips, etc. of the food involved in the case.
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If you buy expired, spoiled or other food that does not meet food safety standards, in addition to reporting to the relevant departments and asking the merchant to compensate for the actual losses (such as returning goods and compensating for medical expenses), consumers can also claim punitive damages: ten times the price or three times the loss, and the minimum compensation is not less than 1,000 yuan.
The legal basis is here.
Paragraph 2 of Article 148 of the Food Safety Law:
In addition to claiming compensation for losses caused by the production of food that does not meet food safety standards or the operation of food that is known to be non-meeting food safety standards, consumers may also claim compensation from the producer or operatordemand compensation of 10 times the price or 3 times the loss; Where the amount of increased compensation is less than 1,000 RMB, it is 1,000 RMB. However, there are exceptions to the defects on the labels and instructions of the food that do not affect food safety and will not mislead consumers. <>
What if the merchant quibbles and argues that the law stipulates that "food that is known to be non-compliant with food safety standards" is required to be compensated, but "I don't know", what should I do?
Please show him this.
Interpretation (I) on Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases over Food Safety
Article 6: In any of the following circumstances, if a food business operator claims that the consumer's claim constitutes "knowingly" as provided for in Article 148 of the Food Safety Law, the people's court shall support it:
1) The expiration date of the food label has expired but is still sold;
2) Failure to provide legal purchase of the food sold**;
3) Purchasing goods at an obviously unreasonable low price without reasonable reasons;
4) Failure to perform the obligation of purchase inspection in accordance with the law;
5) Falsely labeling or changing the production date and batch number of food;
6) Transferring, concealing, or illegally destroying food purchase and sales records or intentionally providing false information;
7) Other circumstances where knowledge can be determined. <>
If the merchant says, "It has nothing to do with me, it's the manufacturer's problem, you go to the manufacturer", what should I do?
Please show him this.
Paragraph 1 of Article 148 of the Food Safety Law.
Article 148: If a consumer suffers damage due to food that does not meet food safety standards, he may claim compensation from the operator or the producer. Producers and operators who receive requests for consumer compensation shall be the first to take responsibility, pay compensation first, and must not pass the buck; If it is the responsibility of the producer, the operator has the right to recover from the producer after compensation; If it is the responsibility of the operator, the producer has the right to recover from the operator after compensation.
Conclusion: Food safety is no trivial matter, and I hope that all producers and operators will ring the alarm bell to ensure good food safety!
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1. Require the goods to be replaced or returned. Food safety is of paramount importance, and China's requirements for food hygiene are relatively strict. For food producers and operators, the national law clearly stipulates that expired and spoiled food shall not be produced and sold, and is subject to the relevant provisions of the Food Safety Law of the People's Republic of China.
The regulations require that food producers and operators shall not use expired, spoiled and shoddy raw materials to produce food, and at the same time pay attention to the preservation of food, regularly inspect and recall all spoiled and expired food on the market, and maintain the order of the food market. At the same time, it is not allowed to produce or sell substandard food or food with harmful additives. Therefore, when consumers buy food, they should pay attention to the label identification and production ingredients of the food, as well as the production license, as well as the production date and expiration time, and at the same time keep the shopping receipts and develop the habit of asking for shopping receipts.
If the unfortunate consumer buys expired or unqualified goods, he or she can request the commodity operator and producer to replace or return the goods unconditionally with the purchase receipt.
2. Call 12331 to complain to the Food and Drug Administration. Consumers should know the law, understand the law, and learn how to use it. Always keep in mind the 12311 Food and Drug Administration complaint** to protect your rights and interests.
When consumers buy expired and spoiled food, they first negotiate with the merchant to deal with it, replace it or return it. If the attitude of the producer and operator of the commodity is bad, you can complain to the relevant departments, such as calling 12331 Food and Drug Administration to complain**, the local relevant departments will conduct timely investigation and spot checks after receiving the complaint, and must deal with the rights of consumers as soon as possible within effective working days, and at the same time punish the bad merchants.
3. Claim compensation. In order to protect the rights and interests of consumers and food safety, China has improved and promulgated the Food Safety Law to regulate the order of the food market, in which the second paragraph of Article 96 clearly stipulates that if the producer or operator of food produces food that does not meet the standards of the health license, it will be severely punished by relevant laws. According to the Food Hygiene and Safety Handling Guidelines, which came into effect on October 1, 2015, consumers who purchase expired and spoiled goods can claim compensation from the food producer or seller, and in addition to this, they can also claim compensation of 10 times the amount of the purchased goods from the producer or seller.
What's more, the production and expiration of spoiled food endangers public health and safety.
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If you buy expired food, you can go to the store with the receipt at the time of purchase and ask for a refund or triple compensation. If the negotiation fails, you can file a complaint with the Consumer Association.
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According to the new food safety law, the sale of expired food is to give consumers a certain amount of compensation, at least ten times the compensation, you can deal with it at your own discretion, if you don't want compensation, at least let the supermarket give an explanation or return, which is the most basic way to protect your own rights and interests.
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You can find the merchant to return the goods, which means that maybe the merchant really didn't pay attention to this. And you should be able to give you a refund with this. They will also remove this food from the shelves immediately, and now the merchants are also very responsible.
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You can go to the store to return the goods and take the initiative to protect your legitimate rights and interests.
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If the distance is close, change the date.
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To defend your rights, you can ask the merchant to compensate.
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How do you compensate for buying expired food?
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If expired food is consumed, there is a risk of food poisoning and acute infectious diseases. I believe that no one will eat expired food, if consumers buy expired food in the supermarket, what should they do?
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According to Article 96 of the Food Safety Law, if a consumer produces food that does not meet food safety standards or sells food that he knows does not meet food safety standards, in addition to claiming compensation for losses, he or she may also demand compensation of ten times the price from the producer or seller. Article 97 stipulates that a person who violates the provisions of this Law shall bear civil liability for compensation and pay fines and fines, and if his property is insufficient to pay at the same time, he shall first bear civil liability for compensation. Therefore, if you buy expired food, you can claim compensation from the seller or manufacturer.
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